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|
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| Extension of
facilities
|
(3) The Board may, if it considers it
necessary or desirable to do so in the public
interest, require a company operating a
pipeline for the transmission of hydrocarbons,
or for the transmission of any other
commodity authorized by a certificate issued
under section 52, to provide adequate and
suitable facilities for
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if the Board finds that no undue burden will be
placed on the company by requiring the
company to do so.
|
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 6)
|
244. (1) The definition ``appropriate
authority'' in subsection 108(1) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a) and by repealing
paragraph (b).
|
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| 1990, c. 7, s.
26(1)(E)
|
(2) The definition ``utility'' in subsection
108(1) of the Act is replaced by the
following:
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| ``utility'' « installation de service publique »
|
``utility'' means a navigable water, a highway,
an irrigation ditch, a publicly owned or
operated drainage system, sewer or dike, an
underground telegraph or telephone line or
a line for the transmission of hydrocarbons,
electricity or any other substance.
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| Continuation
of certificates
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245. (1) Where, immediately before the
coming into force of section 183, there is in
force in respect of a major pipeline a
permit, within the meaning of Part VI of the
National Transportation Act, 1987, as that
Act read at that time, subject to the National
Energy Board Act, the permit continues in
force in respect of the pipeline and is
deemed to be a leave to open the pipeline
granted under section 47 of the National
Energy Board Act and a certificate issued
under section 52 of that Act.
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(2) Where, immediately before the
coming into force of section 183, there is in
force in respect of a minor pipeline a
permit, within the meaning of Part VI of the
National Transportation Act, 1987, as that
Act read at that time, subject to the National
Energy Board Act, the permit continues in
force and is deemed to be an order under
subsection 58(1) of the National Energy
Board Act exempting the pipeline from the
provisions of sections 29 to 33 and 47 of that
Act.
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| R.S., c. N-14
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National Parks Act
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 7)
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246. The portion of paragraph 7(1)(f) of
the National Parks Act before
subparagraph (i) is replaced by the
following:
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| R.S., c. 15
(4th Supp.)
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Non-smokers' Health Act
|
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| 1989, c. 7, s. 1
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247. Subsections 2(2) and (3) of the
Non-smokers' Health Act are replaced by
the following:
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| Application
outside
Canada
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(2) This Act, except section 10, applies
outside Canada in respect of a work space on
an aircraft, train or motor vehicle being
operated between Canada and another country
by a Canadian, as defined in section 55 of the
Canada Transportation Act or a work space on
a ship registered under the Canada Shipping
Act that is being operated between Canada and
another country, to the extent that compliance
with this Act within the territory of another
jurisdiction does not result in the
contravention of the laws of that jurisdiction.
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| Non-applicati
on to foreign
carriers
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(3) This Act does not apply in respect of a
work space on an aircraft, train or motor
vehicle being operated between Canada and
another country by a person other than a
Canadian, as defined in section 55 of the
Canada Transportation Act or a work space on
a ship registered under the laws of another
country that is being operated between
Canada and another country.
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| 1992, c. 39
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Northwest Territories Waters Act
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248. (1) The portion of subsection 31(1) of
the Northwest Territories Waters Act before
paragraph (a) is replaced by the following:
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| Permission to
expropriate
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31. (1) An applicant for a licence, or a
licensee, may apply to the Board for
permission from the Minister to expropriate,
in accordance with the Expropriation Act,
land or an interest in land in the Northwest
Territories, and where the Minister, on the
recommendation of the Board, is satisfied that
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(2) Subsections 31(2) and (3) of the Act
are replaced by the following:
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| Notice to
appropriate
minister
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(2) Where the Minister grants permission
under subsection (1), the applicant or licensee
shall so advise the appropriate minister in
relation to Part I of the Expropriation Act.
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| Expropriation
Act
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(3) For the purposes of the Expropriation
Act, land or an interest in land in respect of
which the Minister has granted permission
under subsection (1) is deemed to be an
interest in land that, in the opinion of the
appropriate minister in relation to Part I of the
Expropriation Act, is required for a public
work or other public purpose, and a reference
to the Crown in that Act shall be construed as
a reference to the applicant or licensee.
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| Charges for
services
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(3.1) The appropriate minister in relation to
Part I of the Expropriation Act may make
regulations prescribing fees or charges to be
paid by an applicant or a licensee in respect of
an expropriation referred to in subsection (1),
and rates of interest payable in respect of those
fees and charges.
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| Debt due to
Her Majesty
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(3.2) The fees or charges are a debt due to
Her Majesty in right of Canada by the
applicant or licensee, and shall bear interest at
the prescribed rate from the date they are
payable.
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| Security
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(3.3) The Minister may require the
applicant or licensee to provide security, in an
amount determined by the Minister and
subject to any terms and conditions that the
Minister may specify, for the payment of any
fees or charges that are or may become
payable under this section.
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| Mitigation of
damages -
enforcement
of
undertaking
|
(3.4) Where the applicant or licensee, in
mitigation of any injury or damage caused or
likely to be caused to lands by an
expropriation, undertakes
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and the owner or person interested accepts the
undertaking, the undertaking is deemed to be
an undertaking referred to in paragraph
28(1)(b) of the Expropriation Act, and it may
be enforced by the Board as if it were a
condition of the licensee's licence.
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| 1993, c. 28
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Nunavut Act
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249. The heading before section 64 and
sections 64 and 65 of Schedule III to the
Nunavut Act are repealed.
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250. The heading before section 114 and
sections 114 and 115 of Schedule III to the
Act are repealed.
|
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| R.S., c. P-14
|
Pilotage Act
|
|
| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 9)
|
251. (1) Paragraph 34(1)(b) of the
Pilotage Act is replaced by the following:
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|
|
| R.S., c. 28
(3rd Supp.),
ss. 307, 359
(Sch., item 9)
|
(2) Subsections 34(2) to (4) of the Act are
replaced by the following:
|
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| Notice of
objection to
Canadian
Transportatio
n Agency
|
(2) Any interested person who has reason to
believe that any charge in a proposed tariff of
pilotage charges is prejudicial to the public
interest, including, without limiting the
generality thereof, the public interest that is
consistent with the national transportation
policy set out in section 5 of the Canada
Transportation Act, may file a notice of
objection setting out the grounds therefor with
the Canadian Transportation Agency within
thirty days after publication of the proposed
tariff in the Canada Gazette.
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| Copies to be
filed
|
(3) On the filing of a notice of objection
with the Canadian Transportation Agency, a
copy thereof shall be filed with the Authority
and the Minister forthwith.
|
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| Investigation
by Canadian
Transportatio
n Agency
|
(4) Where a notice of objection is filed
pursuant to subsection (2), the Canadian
Transportation Agency shall make such
investigation of the proposed charge set out in
the notice of objection, including the holding
of public hearings, as in its opinion is
necessary or desirable in the public interest.
|
|
| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 9)
|
252. Subsection 35(1) of the Act is
replaced by the following:
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| Recommendat
ion of Agency
|
35. (1) The Canadian Transportation
Agency shall, after making the investigation,
including the holding of public hearings, if
any, referred to in subsection 34(4), make a
recommendation thereon to the Authority and
the Authority shall be governed accordingly.
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| R.S., c. P-21
|
Privacy Act
|
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253. The schedule to the Privacy Act is
amended by striking out the following
under the heading ``Other Government
Institutions'':
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National Transportation Agency
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254. The schedule to the Act is amended
by adding the following in alphabetical
order under the heading ``Other
Government Institutions'':
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Canadian Transportation Agency
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| R.S., c. P-35
|
Public Service Staff Relations Act
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255. Part I of Schedule I to the Public
Service Staff Relations Act is amended by
striking out the following:
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National Transportation Agency
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256. Part I of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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Canadian Transportation Agency
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| R.S., c. P-36
|
Public Service Superannuation Act
|
|
| R.S., c. 28
(3rd Supp.), s.
310(2)
|
257. Part II of Schedule I to the Public
Service Superannuation Act is amended by
striking out the following:
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National Transportation Agency
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258. Part II of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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Canadian Transportation Agency
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| R.S., c. R-4
|
Railway Relocation and Crossing Act
|
|
| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 10)
|
259. (1) The definition ``Agency'' in
subsection 2(1) of the Railway Relocation
and Crossing Act is replaced by the
following:
|
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| ``Agency'' « Office »
|
``Agency'' means the Canadian
Transportation Agency;
|
|
| R.S., c. 32
(4th Supp.), s.
115
|
(2) Subsection 2(2) of the Act is replaced
by the following:
|
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| Other words
and
expressions
|
(2) Unless otherwise provided in this Act,
words and expressions in this Act have the
same meanings as in Parts I and III of the
Canada Transportation Act and the Railway
Safety Act.
|
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|
|
260. Section 7 of the Act is replaced by the
following:
|
|
| Order
following
approval
|
7. For the purpose of carrying into effect a
transportation plan accepted by the Agency
under section 6, the Agency may, by order,
require a railway company to cease to operate
over any line within the transportation study
area to which the transportation plan relates,
and, if considered desirable or expedient, to
remove any tracks, buildings, bridges or other
structures from the land occupied by the
railway company within that area.
|
|
| R.S., c. 32
(4th Supp.)
|
Railway Safety Act
|
|
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|
261. Subsection 2(2) of the Railway Safety
Act is replaced by the following:
|
|
| Application
generally
|
(2) This Act applies in respect of transport
by railways to which Part III of the Canada
Transportation Act applies.
|
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|
262. Section 3 of the Act is replaced by the
following:
|
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| Declaration
|
3. It is hereby declared that this Act is
enacted for the attainment of such of the
objectives of the national transportation
policy, as set out in section 5 of the Canada
Transportation Act as relate to the safety of
railway operations and as fall within the
purview of subject-matters under the
legislative authority of Parliament.
|
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|
|
263. (1) The definition ``Agency'' in
subsection 4(1) of the Act is replaced by the
following:
|
|
| ``Agency'' « Office »
|
``Agency'' means the Canadian
Transportation Agency continued by
section 7 of the Canada Transportation Act;
|
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|
|
(2) Subsection 4(2) of the Act is replaced
by the following:
|
|
| Other words
and
expressions
|
(2) Unless otherwise provided, words and
expressions used in this Act have the same
meaning as in Part III of the Canada
Transportation Act.
|
|
|
|
264. (1) Subsection 16(1) of the Act is
replaced by the following:
|
|
| Reference to
Agency
|
16. (1) Where the proposing party in respect
of a proposed railway work and each other
person who stands to benefit from the
completion of the work cannot agree on the
apportionment between them of the liability to
meet the construction, alteration, operational
or maintenance costs in respect of that work,
the proposing party or any of those persons
may, if no right of recourse is available under
Part III of the Canada Transportation Act or
the Railway Relocation and Crossing Act,
refer the matter to the Agency for a
determination.
|
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|
|
(2) Subsection 16(7) of the Act is replaced
by the following:
|
|
| Interpretation
|
(7) Notwithstanding this section, this Act is
not deemed to be administered in whole or in
part by the Agency for the purpose of section
37 of the Canada Transportation Act.
|
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|
|
265. The portion of subsection 25(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Power of
company to
enter land
adjoining line
of railway
|
25. (1) For the purpose of enabling a railway
company to prevent the development of a
situation that is potentially threatening to safe
railway operations on a line of railway
operated by it,
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|
266. (1) Subsection 26(1) of the Act is
replaced by the following:
|
|